Dungey v. Haines & Britton, Ltd.

614 N.E.2d 1205, 155 Ill. 2d 329, 185 Ill. Dec. 520, 1993 Ill. LEXIS 33
CourtIllinois Supreme Court
DecidedMay 20, 1993
Docket73363
StatusPublished
Cited by29 cases

This text of 614 N.E.2d 1205 (Dungey v. Haines & Britton, Ltd.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dungey v. Haines & Britton, Ltd., 614 N.E.2d 1205, 155 Ill. 2d 329, 185 Ill. Dec. 520, 1993 Ill. LEXIS 33 (Ill. 1993).

Opinions

CHIEF JUSTICE MILLER

delivered the opinion of the court:

Defendant insurance company refused to pay plaintiffs’ insurance claim following a serious automobile accident. Plaintiffs brought suit in the circuit court of Randolph County against defendant Haines & Britton, Ltd. (Haines), for breach of contract and negligence and against Economy Fire and Casualty Company (Economy) for breach of contract. Plaintiffs and Economy filed motions for summary judgment. The trial judge granted Economy’s motion for summary judgment, finding as a matter of law that the named drivers exclusion endorsement contained in the policy excluded coverage and was unambiguous. The trial court also found that defendant Haines was not an agent of Economy and that Economy would not be liable for any negligence on the part of Haines. Plaintiffs appealed and the appellate court, with one justice dissenting, reversed and remanded. (224 Ill. App. 3d 1091.) Plaintiffs’ appeal did not include the issue of Economy’s relationship with Haines. Because plaintiffs’ appeal did not involve Haines, the record does not indicate the status of Haines with respect to the original complaint. We granted Economy’s petition for leave to appeal (134 Ill. 2d R. 315), and now reverse the appellate court and affirm the trial judge’s granting of Economy’s motion for summary judgment.

FACTS

In 1981, plaintiffs Shirley Dungey and her husband John Dungey attempted to obtain automobile insurance coverage through Haines, an insurance broker. On April 22, 1981, Economy issued Shirley Dungey an insurance policy, numbered EF12 — 308776. The policy covered a 1980 Plymouth Horizon automobile.

Shirley’s husband, John Dungey, had received a reckless driving ticket in 1979. Therefore, as part of the policy, Shirley Dungey signed a named drivers exclusion endorsement excluding her husband John from coverage. At the bottom of the endorsement appeared the notation “CE — 180.” The effective date of the exclusion endorsement was April 22, 1981. Although John Dungey was not insured by Economy, Haines was able to obtain insurance for John’s 1973 Buick through another insurance company.

Shirley Dungey renewed this policy one year later. Once again she was asked to sign and signed a named drivers exclusion endorsement excluding John from coverage. This second named drivers exclusion endorsement differed from the first in ways not material here, but still excluded John Dungey from coverage. The notation “CE — 303” appeared at the bottom of this endorsement. A space was provided for an expiration date, but no date was entered. The effective date of the endorsement was April 22,1982.

Thereafter, the policy was renewed on numerous occasions. Shirley Dungey was not again asked to sign a named driver exclusion endorsement. Rather, Shirley received a declaration statement from Economy each time she renewed. The declaration statement had a preprinted line entitled ‘ ‘Endorsements). ’ ’ Printed after this were a series of numbers, one of which was “CE— 303.” This was the number on the bottom of the second signed named drivers exclusion endorsement attached to the original policy. It indicated that John Dungey was excluded from insurance coverage.

In 1985, the Dungeys obtained a 1985 Chevrolet Sportsvan. Title was registered to John and Shirley Dungey. To obtain coverage for this van, Shirley Dungey added the van to the policy which excluded her husband from coverage. Shirley stated that she told the insurance broker, Haines, that John would be the primary driver.

The Dungeys had other insurance with Economy. In 1983, Shirley obtained a second policy from Economy, numbered 12 — 398914. Shirley’s son, Brian, was listed as the primary driver. Two cars previously insured under the first policy were, at different times, insured under this second policy. Policy periods were shorter and premiums were higher than the first policy. No endorsement excluding John Dungey was required under this second policy. Declaration statements sent to Shirley on renewal of this policy did not contain the “CE — 303” notation.

In 1985, on the same day the Dungeys added the Chevrolet van to the first policy, they obtained a third policy from Economy. This policy was numbered EF12— 500793. John Dungey, who had previously been insured by another insurance company, and Shirley were listed as drivers. This policy covered a 1984 Chrysler Laser which had previously been insured under Shirley’s first policy. This third policy also had shorter policy periods and higher premiums.

All policies were periodically renewed according to the respective periods of coverage. At each renewal, a declaration statement was sent to the named insured. The declaration statements pertaining to the first policy, which subsequently covered the 1985 van, included an endorsement line where “CE — 303,” the named drivers exclusion endorsement, was printed.

On March 29, 1986, John Dungey was driving the 1985 van, which was insured under Shirley Dungey’s first policy containing the exclusion, when he was involved in a single-car accident. John was injured and the van was destroyed. Economy denied the plaintiffs’ claim for coverage on the basis that John Dungey was excluded from coverage under Shirley’s first insurance policy.

Plaintiffs filed suit to recover damages for breach of contract and negligence against both Haines and Economy. Plaintiffs and Economy filed motions for summary judgment. The circuit court granted Economy’s motion for summary judgment. Plaintiffs appealed. The appellate court, with one justice dissenting, reversed the trial court’s judgment in favor of Economy and remanded the cause for trial. The appellate court held that the exclusionary clause was ambiguous and that there was therefore a genuine issue of material fact concerning the intent of the parties as to the exclusion clause. (224 Ill. App. 3d 1091.) Economy filed a petition for leave to appeal, which we allowed (134 Ill. 2d R. 315).

DISCUSSION

Plaintiffs argue that Shirley’s first policy, which eventually covered the van involved in the accident, was ambiguous and should be construed strictly against Economy.

Plaintiffs maintain that the exclusion clause is ambiguous for a number of reasons. First, they argue that the notation “CE — 303,” which appeared on the endorsement line of the renewal declaration statements, is ambiguous because it does not explicitly state that John is excluded from coverage. Plaintiffs argue that these codes are unintelligible to the reasonable person. At best, plaintiffs argue, these codes may possibly be interpreted by reference to the original policy.

Plaintiffs also argue that Economy’s actions are a source of ambiguity. Economy insured John on the 1984 Chrysler Laser under a separate policy. Further, after signing the drivers exclusion endorsement pertaining to the first policy on two separate occasions, Shirley was not asked to again sign the endorsement. Therefore, plaintiffs claim a reasonable person could draw the inference that John Dungey was covered to drive the 1985 van.

Economy, on the other hand, argues that the exclusion endorsement is clear and unambiguous and must be applied as written.

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Cite This Page — Counsel Stack

Bluebook (online)
614 N.E.2d 1205, 155 Ill. 2d 329, 185 Ill. Dec. 520, 1993 Ill. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dungey-v-haines-britton-ltd-ill-1993.